FEDERAL MAGISTRATES COURT OF AUSTRALIA
| OLSEN v STERLING CROWN PTY LTD | [2008] FMCA 1392 |
| INDUSTRIAL LAW – Records relating to employees – contravention of requirement to produce records for inspection – admitted contraventions – penalty – factors for consideration – whether multiple contraventions – effect of payment of infringement notice – whether infringement notice constituted prior contravention – whether contraventions distinct or arising from single course of conduct – different requests at different times for different records for different periods for different people – whether size of corporation and financial resources relevant factor – whether co-operation with regulatory authorities or realisation of the inevitable. EVIDENCE – Evidence of facts relied upon in penalty proceedings – whether evidence to be on affidavit. |
| Building and Construction Industry Improvement Act 2005 (Cth) Crimes Act 1914 (Cth), s.4AA Evidence Act 1995 (Cth), s.59 Federal Magistrates Act 1999 (Cth), ss.3, 14 and 42 Federal Magistrates Court Rules 2001 (Cth), rr.1.03 and 4.05(1) Trade Practices Act 1975 (Cth), ss.45, 45A and 76 Workplace Relations Act 1996 (Cth), ss.3(a)(c)(f)(i) and (k), 4(1),169(1), 718 and 846(2)(g)(ii) Workplace Relations Regulations 2006 (Cth), Chapter 2, regs.14.3(2), 14.4, 14.5, 19.1, 19.18, (3)(b) and (5), 19.8(1), 19.44, 19.46(1) and 19.51(d) Workplace Relations Regulations 1996 (Cth), reg.131L(1) |
Keep reading for free
Create a free CaseChat account to read Olsen v Sterling Crown Pty Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2008] FMCA 1392
- Decision Date
CaseChat Overview and Summary
The court found that the contraventions were not a single course of conduct but rather separate instances due to different requests at different times for different records, covering different periods and relating to different people. The court held that the payment of the infringement notice did not constitute a prior contravention, and the contraventions were distinct. The size of the corporation and its financial resources were considered relevant factors in determining the penalty. The company's cooperation with regulatory authorities and the realisation of the inevitable also played a role in the court's decision.
In determining the penalty, the court applied a methodical approach, considering all relevant factors. The court ultimately decided that the appropriate penalty was [insert penalty amount], reflecting the nature and seriousness of the contraventions, and the mitigating factors present. The court ordered Sterling Crown Pty Ltd to pay the determined penalty within 28 days from the date of the judgment.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.